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‘The government is facing a legal challenge over PPE supply’

“It should be beyond argument that PPE is available to all healthcare workers”

Solicitors acting on behalf of healthcare professionals argue the government may be legally failing in its duty to protect health workers, says David Reissner

The government is facing at least two judicial review cases over the supply of personal protective equipment (PPE). In the first, two doctors are seeking to challenge the lawfulness of Public Health England (PHE)'s guidance arguing that the availability of PPE is inadequate to protect them from infection and that the government is failing in its duty to protect health workers.

Specifically, they say this means there is a legal requirement to investigate the deaths of NHS staff and care workers that are caused by COVID-19. The letter also says that “the Secretary of State and other public bodies (notably Public Health England and relevant NHS bodies) owe a positive duty to have adequate systems in place to protect the lives of NHS staff and other care workers”.

The letter, which asks for a reply by May 25, adds that Article 2 “requires relevant public authorities to procure and supply adequate equipment – including PPE – for hospital, NHS and other care staff in advance of any relevant incident, in so far as the need for such equipment can reasonably be anticipated.”

However, if there isn’t enough PPE to go around, what is the point of litigation? The government intends to hold a public inquiry when the pandemic is over. I’m not sure what starting it now will achieve, especially when public inquiries usually take years to produce a report.